B v A Local Authority [2019] EWCA Civ 913 What should assessors and the courts do where someone appears to have capacity in some areas of decision-making but to lack capacity in related areas? A well-known problem This conundrum is well known and hard to resolve. It most often arises where an individual has capacity […]
University Hospitals of Derby and Burton NHS Foundation Trust v J (by her litigation friend, the Official Solicitor) [2019] EWCOP 16, [2019] All ER (D) 106 (May) What are the practical implications of this case? ‘Do we need to make an application to the court or can we just get on and treat? It’s obviously in […]
Background Mrs Rushton lived a long and happy life. In her youth she worked as a nurse, married a man who adored her, and together with her husband raised four sons. After her husband passed away, “the sweetness went out of her life”, and Mrs Rushton began to display the early signs of dementia. On […]
Dr Esegbona (on behalf of the estate of Christina Esegbona, deceased) v King’s College Hospital NHS Foundation Trust [2019] EWHC 77 (QB) Introduction When Mrs Esegbona fell ill in October 2010, requiring a tracheostomy, there was no question she needed hospital care. However, when she was ready for discharge, the Trust’s staff repeatedly ignored her […]
Read More… from Not so ‘Fluffy’ – substantial damages for false imprisonment after breach of MCA